Eddy v. Ames

Massachusetts Supreme Judicial Court

Eddy v. Ames

50 Mass. 585

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1845

StatusPublished

This text of 50 Mass. 585 (Eddy v. Ames) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eddy v. Ames, 50 Mass. 585 (Mass. 1845).

Pincite

Opinion

Shaw, C. J.

The provisions of St. 1844, c. 178, § 1, tooh effect in regard to all proceedings to be had in cases of insolvency pending at the time when it went into operation, viz. April 15th 1844. The courts held, after this statute went into operation, at which alone a discharge can be granted, ran be held only on the second Monday of each month, or by adjournment, from day to day, of a court held on such Mon[587]*587day. Hence, the discharge, which was granted in this case, on the 6th of November 1844, is void, it having been granted at a court not held on the second Monday of that month, nor by adjournment from day to day of a court held on the second Monday of the preceding month. The master had no jurisdiction.

Exceptions overruled.

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Shaw, C. J.

The provisions of St. 1844, c. 178, § 1, tooh effect in regard to all proceedings to be had in cases of insolvency pending at the time when it went into operation, viz. April 15th 1844. The courts held, after this statute went into operation, at which alone a discharge can be granted, ran be held only on the second Monday of each month, or by adjournment, from day to day, of a court held on such Mon[587]*587day. Hence, the discharge, which was granted in this case, on the 6th of November 1844, is void, it having been granted at a court not held on the second Monday of that month, nor by adjournment from day to day of a court held on the second Monday of the preceding month. The master had no jurisdiction.

Exceptions overruled.

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Bluebook (online)

50 Mass. 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddy-v-ames-mass-1845.